I didnt pay a medical bill because my ex husband should pay

Customer Question

I didn't pay a medical bill because my ex husband should pay half according to our modification agreement. I have been notified by an attorney that they are suing me for the debt. The claim is for a minor child. Should I hire an attorney to represent me or attend prosee?

Roger :Hi - my name is XXXXX XXXXX I'm a Family Law litigation attorney. Thanks for your question. I'll be glad to assist.

Roger :The attorney for the medical provider is essentially correct that it is of no legal consequence to it that your ex is responsible for half the bill.

Roger :The reason is that the medical provider is not subject to or required to honor the order between you and your ex.

Roger :It is entitled to collect from you regardless of this agreement.

Customer: Will I need representation for this. Or can I appear prosee?

Roger :However, you would have the right to seek repayment of 1/2 of the money paid from your ex per the order.

Roger :As for representing yourself, that's always a tough thing to do, so if you can get an attorney to represent you, that's much better.

Roger :In fact, your attorney may be able to work a deal for that where you pay your half now and then you pay the other half after you get the money from your ex.

Roger :Then, your attorney could file a motion with the family law court to hold your ex in contempt for failing to pay the bill after it was presented.

Roger :You could seek the amount he owes and your attorneys fees/legal costs on top of the payment.

Roger :Thus, it may be that you could recover your expenses from your ex.

Customer: I was originally told by the collecting attorney that I would receive something in the mail in reference to this. I never did. Today I received two letter soliciting me, they were bankruptcy attorneys. Do I have to wait to be served or can I save myself some embarrassment somehow?

Roger :Yes, you can act now and avoid being sued and served with a summons and complaint.

Customer: How?

Roger :If you consult an attorney, he/she can contact the attorney for the medical provider and try to reach a settlement.

Roger :If you reach a deal, you would enter into a written agreement (Settlement Contract) that sets out your agreement, how you plan to pay, etc.

Customer: I cannot afford much. Is there a way to search for the kind of attorney I need?

Roger :The terms would have to be negotiated and agreed to by you and the provider. Your attorney could assist you with that as well.

Roger :Sure.

Customer: What kind of attorney do I look for?

Roger :You can visit www.martindale.com and search for a family law or a debt relief attorney in your area.

Customer: Ok thank you

Roger :If you think you may have to file a contempt motion with the family law court to require you ex to pay, you may want to consult a family law attorney.

Customer: Should I consult the same attorney that I hired for my motion to modify?

Roger :Also, it is not uncommon to ask for and to be awarded your attorney's fees for being forced to file a motion with the court to compel him to pay a debt that he's obligated to.

Roger :That would be best since the attorney is already familiar with your case.

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